The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-12-14

writing ere their would be a a % tn make u
ance douby s the astue counsellor realizing the difficulty Of
sk h I in edle eSs G the
tract for conditional SALE Then thinks the is no
of Their the @
Ss afs soS Se ts off 5
other the River Place Soon the thumb screws are frightened
IN & a"s ge D5osshs s % he
lets fall tie Xe Will S1sSarH f m ss Mr
le% spy and dFSff MFR at what tn
tract executed JAM 2 l8s reply expressed suspicion Of
his that he Brownee would the land some day. that he dd
MIND Of this o by stating e. that it WAS was sse mot
but was not bdder-did want the land Few lenders do
an easy servant to Watch characteristics Of borrow
ing in this transaction The precise Of the bid
Mrs. Mrs Marta sRssRs abestsy 5s@ai9sa 53san
@ which m mot the the Da snd % accorng
her smoney paid for the very paper that & ~ aa ha
ali inconsistent With the statement defendant that she paid
Bowne for them It rather proves her to be true
plaintiff ON M @ h ss 1 h 6s s
Ser statement be true that Brownee told her, 81 think
Pss % pay s @ Rs hso s% to
get sign the agreement Of JAM 2St was hardy Pro-
ePe ts sS %S" that Be%nss h & @
ceip simply shows that he paid Perrin Cohran for the papers,
not that Mrs. Martin did not re-emburse him.
zss rf ss asessa s Gg e Z s s ss
@ s at x ns a The
plaintiff extremely anxious for settlement He was was negG
and subsequently, By selling Holland for s. he would be
sdo sRaa aS' %o s the trade with Holland
ary that he be in condition to transfer possession
and this the object of his visit to the Martins on the Sd De-
The plaintiff admits that he did agree to let Mrs Martin have
Hs Place. Isf proyde dts his W; wife would
imsy subteruge could well be imagined Ihe ad
n % why w0aa %aEe this
willing to an nd title title & and IAN ef eli
It is undoubtedly fact that the defendants acted upon this
5 S 9s her v %ony s 5 IT, her
tn s to e @ AMID nd
accounts for the fact that the calculations Of the parties were
There s really M esmoeT mo of oh Tneq Bell and
Mrs. Cunningham abundanty establishes , ,,.-. ,..,
terminated in this agreement was made December Sd ab
ished by the testimony Holland Mrs Martin and Mrs Gun
tin Was not on the place when that transaction and that
the mules taken under mortgage on the Sd 1879
taken and Holland to about the land AS if
their troubles G adVeg tn Of e Be
ten and the of the defendant John Martin in going mme
des e Seizure abished by the original yf the Sheriff
on the mortgage while plaintiff trip Anderson establish
ed simpv by his satenent-and that of Holland and Mrs.
Brownee Referring to this conference Holland says foo s
tMrs Mr. Martin had attend to mort
that had been levied on Certain he was not
present." -. o..
This portion of Judges is not before this Court
proper exceptions The appellant files exception O. as 1ooWs
hBcase his Honor erred reversing the finding of the jury In
issues and 5-hey being legal and not equitable
The only legal the whether the legal title was
in plaintiff not and the Presiding Judge found that in favor OF
the plaintiff The deences intePosed by defendants were ds
tncy held to equitable in the former opinion in this case
Moreover they questions fact whether legal or eqq
of Chancery to the
jury Having based his objection to the finding of the Presiding
Judge upon this untenabe ground alone he concluded thereby
We ask attention the following propositions of law and the
authorities cited to support them:
A.
The fact that the amount be paid by Mrs Martini in case OF
the precise amount expressed the consd
Grafton of deed is evidence that loan of money was in
tended.
Farmer VS. Grose, 42 Cal, 173.
Trucks vs. Lindsay, IS Iowa. 50G
That retention possession by Mrs Martini after execution o.
deed. is a strong circumstance showing a loan.
Rhves Baird, IL Pa
Todd Campbell, 81 Pa, 2j4.
nrfr1